Image description: aerial view of Photo by Patrick Federi on Unsplash

The Office for Environmental Protection (OEP) has identified significant failures in how the government and regulators oversee untreated sewage discharges, warning that current practices may not comply with environmental law. In a series of reports published following an extensive investigation, the watchdog concluded that the interpretation of the law by authorities has allowed sewage spills to occur more frequently than should be permitted.

The investigation focused on the regulation of combined sewer overflows (CSOs), which are designed to discharge untreated sewage into rivers and seas only during “exceptional” circumstances, such as periods of unusually heavy rainfall. However, the OEP’s findings suggest that the Department for Environment, Food and Rural Affairs (Defra), the Environment Agency, and Ofwat may have misinterpreted the legal requirements, leading to a situation where discharges have become a routine rather than an exceptional occurrence.

According to the reports, the current regulatory approach has failed to ensure that water companies take all necessary measures to prevent overflows. The watchdog noted that frequent discharges pose a substantial risk to aquatic ecosystems and public health. As stated by the OEP, the government must now clarify the law to ensure it is applied correctly and that water companies are held to the standards originally intended by Parliament.

The Chair of the OEP, Dame Glenys Stacey, stated the role of the regulator is to ensure that environmental laws are not just aspirations but are “active and effective” in protecting the natural world. She emphasised that the current level of sewage spills is “unacceptable” and that the regulatory system requires urgent reform to restore the health of the UK’s waterways.

The findings have been echoed by environmental groups who have long campaigned for stricter enforcement. The Guardian has reported that the OEP’s intervention could pave the way for legal challenges against the government if immediate steps are not taken to bring regulation in line with statutory requirements.

Among the recommendations made by the watchdog is a requirement for the Environment Agency to tighten the conditions under which it grants discharge permits. The report also calls for a more transparent system of monitoring to ensure that “exceptional” rainfall is accurately defined and verified.

The government has responded by acknowledging the report’s conclusions, with a spokesperson stating that they would “carefully consider” the OEP’s recommendations. This development comes as public pressure continues to mount over the state of Britain’s rivers, following a year of record-breaking sewage spill data.

Steps taken by the authorities in response to the OEP’s recommendations include:

• Defra has replaced outdated guidance with a new policy and guidance document that better reflects the legal duties of sewerage undertakers.
• Ofwat has revised its enforcement guidance and taken enforcement action against several water companies.
• The Environment Agency has updated its Storm Overflow Assessment Framework and is progressing with plans to modernise permits and introduce spill limits.

The BBC has noted that this investigation marks one of the most significant uses of the OEP’s enforcement powers since its inception, signalling a more assertive role for the watchdog in holding public authorities to account for environmental outcomes.